Superior Court Judge Dismisses Nine Writs of Habeas Corpus

May 7, 2009 by
Filed under: Corruption, Issues, Obscured Truth Network, Police, Thuggery, Update 

SamHere’s the “ORDER ON PETITION FOR WRIT OF HABEAS CORPUS” regarding Sam.

Basically, superior court judge Brian T. Tucker says since there has not yet been a trial (that they refuse to hold unless Sam gives them his legal name, which they already have), the writs are “dismissed”.

Translation:

“Sam, you naughty slave. Just bow down and give us your name so we can provide you with your “remedy”, otherwise you’ll just have to sit there in that cell forever. Sure, you have the right to remain silent, and we have the right to hold you in captivity until you die if you continue exercising it. Not only that, but the rest of you suckers reading this will have to continue paying $80 a day to keep Sam in his cell, because if you stop paying my friends calling themselves the Sheriffs will come to throw you and your family from your home.”

So Sam sits, now in his fourth week of a hunger strike. If you refuse the government’s “services”, they put you in a jail cell. Can you imagine the outrage if Walmart or Pizza Hut would behave in this way? Yet the government people get away with it every day, and people cheer them on.

  • http://ringingliberty.com Paul

    I see your point of view George, I think you make a good point.

    Regardless, it should be noted that this situation has nothing to do with anyone getting filmed against their will. It's a complete red herring.

  • http://georgedonnelly.com George Donnelly

    Hey Paul, I think it's a valid concern but not a strong argument for making people beg to exercise freedom of the press. :)

    I emailed the EFF.

  • http://ringingliberty.com Paul

    Hey George, I suppose I agree, public areas should be fair game. Really, every property should be owned, so the owner can set the rules. Then, when you add the fact that people are being forced to attend the court, on top of the fact that it doesn't even have a clear owner, the topic gets even more blurred.

    By the way, when I said the bit about being a red herring, I meant that Sam's situation doesn't really have anything to do with this debate anyway — since no one even requested not to be filmed.

    Good points though :)

  • dub

    "Violence committed by the state against Sam includes:

    - restraining him with handcuffs
    - loading him into a police car
    - holding him against his will in a prison"

    come on really? That's called doing their job, a job they wouldn't have to do if dude just shut off his camera. This isn't a case of "mugger wants your wallet" because the mugger goes in with the intention of taking something from you no matter what. This is the case of a stubborn elitist who refused to comply with a simple request

    Also complaining about jail conditions? really? in New Hampshire? come on, at least if you are gonna hate on that pick Chicago or NY or a jail that actually has bad conditions and locks people up for race more than crime.

    This guy could be out whenever he wants, he ain't being held against any will other than his own

  • Lpviper

    What you don't see, dub, is that they didn't have to do that 'job' at all. A true peace officer would have seen that Sam was not harming anyone and LEFT HIM ALONE.

    'This is the case of a stubborn elitist who refused to comply with a simple request'

    What does that even mean? If it's a 'request' then compliance should be optional, should it not?

    Name one good reason (that means NOT 'he was told, asked, requested, the judge said to') that Sam should have turned off his video camera in a place that violence dictates he holds an ownership 'stake' in?

    'This guy could be out whenever he wants, he ain’t being held against any will other than his own'

    If that is true then Sam should just be able to walk right past the guards and on out the door, isn't that true? If I remember correctly, the jail is locked, and they aren't letting him out. So your statement above is, I can say without reservation, ABSURD.

  • dub

    Name one good reason why crying like a girl while getting dragged into a police car and then refusing to eat is worth making a point that no one will ever take seriously enough to make any changes?

    Tell me, what exactly is going to come of all this? Better jail conditions? Nope. The allowing of people to videotape in court? Nope. Any charges brought against any police or officials? Nope. Any real press regarding the "civil injustice"? Nope.

    The only thing that's going to come of this is police being more and more skeptical of white privileged libertarians and taking them less and less seriously.

    Rosa Parks got national attention, this guy isn't even getting state attention, it's a lost cause

  • http://libertyactivism.info bile

    Again with the race (and some sexism it could be said). What do you hope to accomplish by being a bigot and pessimist and not answering the questions posed to you?

    The reason the Parks incident became national is because it was more or less planned and exploited by those involved by boycotting the companies for more than a year. Before there was Parks there was Claudette Colvin and almost no one has heard of her… doesn't make what she did pointless.

  • http://georgedonnelly.com George Donnelly

    Dub, you can see the future? You already know what will or will not result from Sam's principled stand against arbitrary power? Is this the kind where you use a crystal ball? Or is it like in Heroes where your eyes get white and you draw pictures?

  • Dvishnu

    Sam must've struck a nerve in Dub….I don't think you realize why Sam is putting himself through hell based on your response… He's not going through of this to change them as much as to show everyone that the group of men and women who run the fiction known as the United States is far worse than the most vile mafia that ever existed…His incarceration has proven this…

    Although I disagree with his course of action (I prefer not to give the "established" mafia any of my energy), he has my respect and support….

    By the way, he is getting plenty of attention…Just not from the major networks…

  • http://mike.barskey.net Mike

    That's a good point, dvishnu. When people's reactions are near the extremes of the scale of what's "normal," it's likely they are affected by it in ways they are not addressing (and possibly not even consciously knowing). I need to keep that in mind more often. Thanks.

  • Markus

    George D. wrote:

    “Violence committed by the state against Sam includes:

    - restraining him with handcuffs

    - loading him into a police car

    - holding him against his will in a prison”

    DUB, you wrote:

    come on really? That’s called doing their job, a job they wouldn’t have to do if dude just shut off his camera. This isn’t a case of “mugger wants your wallet” because the mugger goes in with the intention of taking something from you no matter what. This is the case of a stubborn elitist who refused to comply with a simple request

    ++++++++++++++++

    Dub, are you aware of the law that says members of the press shall be allowed to record?

    And what do you think about your City Officials breaking this law and holding a peaceful person in a cage, when it wasn't him that broke the law?

    Can you imagine not breaking the law and then being put in a cage for no reason and then being told to submit and answer to those who kidnapped you when you were harming no one?

    Can you not see how this would be a crime if anyone else did it?

    PS: Do you wear Rose Colored glasses?

  • Markus

    Just a detail Regarding Sam giving his name, I seem to recall where Sam said he gave them his P.O. Box number, instead of his name, as a way of identifying himself without saying his name.

    Wouldn't it be odd to know you could get out of jail by saying just two words you are very familiar with…your name.

  • dub

    @dvishnu – "fiction known as the united states" really? wow, that's cute

    and "getting plenty of attention, just not from the major networks"…that's all that matters really

    @markus – "Can you imagine not breaking the law and then being put in a cage for no reason and then being told to submit and answer to those who kidnapped you when you were harming no one?" uh yeah, it happens to thousands of minorities every year. it has been happening for centuries, in fact this entire country has been built and continues to thrive on that.

    and for those of you who say i'm "bringing race into this", it's already there, you are all just choosing to ignore it, which is typical of people with white privilege

  • Lpviper

    cognitive dissonance, anyone?

    And by the way, dub, you did not answer even ONE of my questions, so why should I answer yours?

  • Lpviper

    But, I will make the attempt.

    'Name one good reason why crying like a girl while getting dragged into a police car and then refusing to eat is worth making a point that no one will ever take seriously enough to make any changes?'

    Ignoring the inherent falsehoods in this statement, it's not really making a point, it is simply asserting one's natural rights. Whatever comes of that is a natural outgrowth of Sam's actions or inactions and those of the state.

    'Tell me, what exactly is going to come of all this? Better jail conditions? Nope. The allowing of people to videotape in court? Nope. Any charges brought against any police or officials? Nope. Any real press regarding the “civil injustice”? Nope.'

    Again, I will ignore that fact that you attempted to answer for me, and I will say, I have no idea. I have no crystal ball. Apparently you do, though. May I borrow it? I don't want to die in a car wreck or something silly like that if I can prevent it.

    'The only thing that’s going to come of this is police being more and more skeptical of white privileged libertarians and taking them less and less seriously.'

    That's what will come of it for YOU, dub, but if public opinion turns away from the tyrants and toward those who decide to assert their natural rights, then there will definitely be a different result for the police and the court bureaucrats.

    ' Rosa Parks got national attention, this guy isn’t even getting state attention, it’s a lost cause'

    Thank you for your opinion. Any fresh ideas of things that are NOT a lost cause? Love to hear them if you have them.

    Thanks

  • http://blogofbile.com bile

    Bringing up race, gender and economic class are typical diversions of the modern liberals, Marxists and the like. Rather than debate the situation at hand they wish to place people into groups, stereotype and project the bigotry they claim to fight. Perhaps even worse than the bigotry is the ignorance. How does dub know the background of Sam or anyone else here? Ethnic, economic, etc.?

    Perhaps dub can explain to my Asian, African, African American, female, Latino, etc. libertarian friends and associates about how the libertarian movement is for the privileged white male.

  • Dvishnu

    Dub sez……..“fiction known as the united states” really? wow, that’s cute

    The fact that you're under the delusion that the US is a living entity in which all who live within its declared landmass are morally subject to it arbitrary authority is not my problem nor concern…

    A better question would be why are you trolling here?

  • Lpviper

    Doesn't matter why, dvishnu. The point is to refute nonsense with logic, and without nonsense to refute, there can be no logical refutation.

    The trolls help our cause with their irrationality

  • DJ

    What happened, Dub? I had hope for you. Until hubris, bigotry, and vitrol started spewing from your gaping maw. Almost had me with the talk of changing tyranical laws from the inside! Sadly, I then realized having your head firmly placed so far up the goverment's tail-pipe would only turn you into another statist. Which is glaringly obvious with your tired-old-cliches, Nuremburg denying, cranial-rectal inverted mind.

    Violence committed by the state against Jews include:

    - restraining them with handcuffs

    - loading them into cattle cars

    - holding them against their will in gas chambers

    In which Dub would proudly exclaim…

    come on really? That’s called doing their job, a job they wouldn’t have to do if they would just leave Germany.

    Indeed, Dub. Heaven forbid the "privilaged white" people fight for things, like freedom. Just get into the cattle car, shut up and don't cry like a girl, and everything will be alright.

    That, unfortunately, sums you up. It's sick, really. Seek help…

  • dub

    There is a difference between trying to educate people with action, and going to the extreme where people just laugh you off as irrational, ya'll seemed to have passed that line a while back

    Also I love that for people who have such an incredible knowledge of history that you would be so against recognizing the idea of white privilege, although I suppose acknowledging it kinda hurts the whole american pride and tradition thing, seeing as without white privilege none of us (myself included) would be here in this country of supposed freedoms

    Ya'll are clearly good people and at the end of the day I love what you are willing to do to stand up to an oppressor such as the government and with good reason, but there has to be a platform as well as extreme actions. Plus give-and-take always gets your further than just take-by-force (unless of course you are the government)

  • Lpviper

    There is no more left to give, dub. They have taken too much already. It's time to stand up and tell them no. And if that means they lock you up for what seems like nothing, that's only because they know the spot they're in and they have to force obedience and make it seem like legitimate action. When the big media finally starts covering this type of thing, they will be in deeeeeeeeeeeeeep shit and they know it.

    The end of coercive government is coming. Get on the good side of the tracks or the NEW mainstream media will be ridiculing YOU

    Oh and all that 'race' crap is just that, crap. Means nothing to an individualist, and I can say that confidently as a former ardent bigot. The liberty movement showed me how to love people for their individual merits. Get on board and you can love your fellow man too

  • dub

    Doesn't matter what one individual thinks about race, the laws in this country are built on racism and continue to thrive on it. You can be an individual all day and still benefit from white privilege. It's all around you, it's been there since inception. It stems from superiority and it is what has kept white people on top for the entire history of the country.

    Even if you are an individualist you are still affected by what goes on around you, and white privilege is most definitely still there

  • Scott

    I think there is some confusion about what is going on here. Having worked with the courts for 16 years, the hierarchy is as follows, Judges, God, common people. Burke will not blink. Why? Because Sam can leave the jail anytime he wants even without providing his name. I think that key fact is what many are missing. The criminal case will not proceed per burke until sam gives his name. He can leave the jail anytime he ponies up the $10,000. Then theoretically, the case case would never go to court until burke changes his order. Again, SAM IS NOT IN JAIL FOR NOT GIVING HIS NAME. HE IS IN JAIL FOR FAILING TO POST BOND.

  • Lpviper

    'Why? Because Sam can leave the jail anytime he wants even without providing his name.'

    'He can leave the jail anytime he ponies up the $10,000.'

    These are not the same thing, Scott, but you fit them both into one paragraph. Either he can leave anytime he wants, or he can pay a $10,000 extortion to get out. Not both.

    Dub, you will be a miserable man (or woman) for the rest of your life if you continue to create this bigoted racist reality for yourself. I know plenty of people who have made a success of their lives, and their attitudes are way more relevant than their skin color. Snap out of it, dude, and embrace your fellow man as your brother.

  • Jeff

    Dub,

    What would you say if I were to tell you you're 'free' to either give me $10,000.00 or capitulate to whatever other demands I deem fit, or I can come find you, kidnap you, and lock you in a box forever or until you decide to volunteer to my demands? Oh yeah, I almost forgot to mention, there's two hundred people that signed a piece of paper that said I could do it.

    That'd be OK with you, right?

  • Dvishnu

    "White privilege" seems to work well with with the likes of Barack Obama, Alcee Hastings, Andrew Young, Colin Powell, Mike Powell, Condolezza Rice, Carrie Meeks, Kendrick Meeks, and many other politically connected African Americans….

    None of the above have any compunction about initiating force against people of all races who haven't harmed anyone in any way shape or form….

    Okay Dub, now we come to the point of true honesty….

    Should a product or service be provided to an individual at the threat of physical violence? It's a YES or NO question… You may elaborate as to why if you wish……

  • Anton Lee

    Dubba must be a government goon. I find it amusing how these people blindly continue to follow those who want to hurt people.

    "They're just doing their jobs"

    do you mean "we're"?? Do you get some sort of satisfaction out of hurting and stealing from others? Perhaps someday you'll get the same treatment, and you will, and you'll cry harder than anyone. You'll cry because guilt will take over inside of you and you'll realize that the slop coming from your fingertips and your mouth were so wrong.

    and you'll never feel like you can make it right.

  • dub

    The fact that Barack Obama had to downplay his color so much is proof of white privilege.

    I have "invented" a racist bigoted reality? You know what, I shouldn't assume any less from people in Keene, have you even seen a person of color in the last 100 years?

    All those people of color listed above had to downplay their color to get where they are and had to subscribe to the white ideals in order to get where they are.

    History tells the story of a nation of whites who came here, killed an entire civilization of people, then bought a bunch of people off of boats and used them to build the nation. Then when someone decided it wasn't cool to own people anymore they fought and fought and fought to keep their ownership rights. So then little by little people of color were given "rights" and "freedoms" that of course they couldn't exercise because it's one thing to say "oh yes you can buy a house" and it's another thing to say "oh we're sorry your application has been denied, not because of race of course, just because"

    If the whole point of this is just to say "government stay the hell away from me" then that's fine but to go on about treatment of people when all of you are treated so much better than thousands of others based on your skin color alone, is ridiculous

  • Lpviper

    'I shouldn’t assume any less from people in Keene, have you even seen a person of color in the last 100 years?'

    Excuse me, sir, but I live in Metropolitan Detroit. I know lots of black people. Good people and bad people. I know lots of white people. Good people and bad people.

    'to go on about treatment of people when all of you are treated so much better than thousands of others based on your skin color alone, is ridiculous'

    No, sir, what is ridiculous is your assertion that people have no right to assert their natural rights because their ancestors may have owned black people 150 years ago. The word that comes into my head to describe it is 'RETARDED'.

    'The fact that Barack Obama had to downplay his color so much is proof of white privilege.'

    Bullshit, dude, that was all anybody talked about and you know it. If he personally downplayed it that was his choice, he certainly didn't 'have' to.

    'All those people of color listed above had to downplay their color to get where they are and had to subscribe to the white ideals in order to get where they are.'

    The 'white' ideals? What the hell does that mean? None of the black people I know have ideals that are any different from mine. There's something wrong with you, dub. What is this whole 'people of color' thing all about anyway? They are black people. I know many black people who would be offended simply by you calling them a 'person of color'. It's condescending by virtue of its very honey-smoothness. Yuck, dude. Yuck. You are starting to creep me out.

  • repost

    I feel that Ian, Sam, or whatever he chooses to call himself for the day is doing nothing but trying to draw attention to himself as the victim. I was an inmate at the Cheshire House of correction, and there have been many times when I was waiting for my tray in the same line that he was in, never was he refused a tray. He always took it and traded it with somebody else for something. He has nothing to do so he plays this political game trying to make something out of absolutely nothing, more attention for Ian, Sam, or again, whoever he chooses to be just another game.

    As for the officers, I find them to be very respectful, I have unfortunately been in other institutions and find Cheshire House of Corrections to be the most respectful, the officers were always available to listen when I had something to say or when I needed something from clothing change, haircuts, etc,,,,, Ian, Sam has never been denied anything, he has always been treated with respect no matter what he has asked for. I feel people should just ignore him and not give him the satisfaction of feeding into his games, lies.

    In my brief conversations with him I found him to beconsistently trying to come up with something else to get more attention cast on him. He thrives on attention for phony causes.

    Just ignore this guy, he is no better than anybody else. He has his followers who have no idea what is really going on inside the jail accept for what he proclaims, and the media as well.

  • http://libertyactivism.info bile

    I work in Manhattan. In my job the white male is a minority. Those who are white, many have something other than English as their primary language.

    As for Obama. He's of mixed background. He's not "black". Unless you are a subscriber of the old one drop rule.

    As for slavery of Africans in the Americas… it was the Africans who put them on the ships.

    dub is talking like a Marxist. As in beliefs are designated by class and race. It's a completely bigoted and obviously false theory. dub is being nothing more than a troll. Rather than arguing the merits of an idea they attack the person who holds it.

  • http://libertyactivism.info bile

    Bigotry exists and will always exist. To claim that you can quantify how biases such as those has effected anyone over time is rather silly. Everyone I know who has done well in their lives have done so because they desired it and drove for it. western european, eastern european, hispanic, asian, african, native, etc. The whole "white privilege" thing is self induced and a crutch. My father was treated like shit for being a Sicilian growing up. He's done just fine for himself because he took control rather than bitch about it and ask for a hand out which inevitably is what the victim mindset leads to. From reparations to welfare. They are systems to keep the poor in those economic positions.

    And as I recall… even with all the historical baggage… the poor in the US have more mobility than in other well off nations because we are relatively economically free.

  • Taylor

    Wow. I feel sorry for Sam's parents… Could you imagine what drama would arise from asking this dude to clean up his room?

  • Sam's Dad

    Well Taylor you should feel sorry for yourself. I could not ask for a better son. I am extremely proud of everything her has accomplished and achieved. Sam grew up respective other peoples rights and property. Nothing was ever given to Sam. He had to work for everything he has. Sam knows nothing is free in life and he understands that if you want to get ahead in life you have to work for it and doing the best you can at everything you set out for. He understands that when you fail you didn't try hard enough. He also knows it is OK to fail. Life is all about priorities and values. Sam does not compromise on either. Sam knows no strangers and has no enemies. He will do anything for anyone. Don't believe, me just ask him. When he and I talked before his moving up there, he understood that he would have to be extraordinary careful in all that set sets out to do and achieve. He also knew it would not be an easy thing to do and achieve, but he thrives on opportunities and possibilities as he learns and grows with them. I am so sorry to disappoint you but there is no drama with Sam and there has never been.

    Sam's Dad

  • http://ringingliberty.com Paul

    Taylor, the government is not our father or mother. To think that it is — or to think that we need to obey all of its arbitrary dictates, regardless of their morality or legality, is absurd.

    We are all free adults, same as the members of government. They are not higher beings than us, nor do they have some special divine right to rule over others.

    Arresting a free, equal adult who comitted no harm, and holding him indefinitely without a trial is extremely immoral. Sam is standing up for what is right, which requires a lot more maturity, personal responsibility, and bravery than it does to pretend government has the right or ability to run your life.

    If our early leaders who broke from England could see the degree to which we have abdicated our rights as free adults, and allowed the government to "mommy" and control us, they would be shocked.

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